Allowed

Mukesh Kumar @ Bachchi v. The State of Bihar

Patna HC18 May 2023CR. MISC./25145/2023

Case brief

AI extract

What is this about?

The Patna High Court allowed a bail application filed by Mukesh Kumar @ Bachchi, accused in a liquor smuggling case under the Bihar Prohibition and Excise Act. The Court directed his enlargement on bail upon furnishing required bonds andSureties, subject to specific conditions.

What did the court decide?

Petitioner directed to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount before the Ld. I/c Special Judge, Excise-I, Civil Court, Sasaram.

Mukesh Kumar @ Bachchi Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25145 of 2023

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Arising Out of PS. Case No.-73 Year-2019 Thana- DEHRI TOWN District- Rohtas

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======================================================

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Mukesh Kumar @ Bachchi Son Of Dharmveer Resident Of Village - Khabra Kalan, P.S. - Bhattu Kalan, Distt. - Fathehabad (Haryana)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Chhote Lal Mishra For the Opposite Party/s : Mr. Arvind Kumar Pandey ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR

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ORAL ORDER

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2 18-05-2023 Heard Ld. counsel for the petitioner and Ld. APP

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for the State.

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The petitioner seeks bail in connection with Dehri (Town) P. S. Case No. 73 of 2019, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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As per allegation, total 4320 litres of liquor was recovered from a truck and Tata Sumo Victa.

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Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner. He also

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Patna High Court CR. MISC. No.25145 of 2023(2) dt.18-05-2023 2/4

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submits that petitioner has no concern with the alleged vehicle. He further submits that search and seizure has not been made as per the procedure as prescribed under Cr.P.C.

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He further submits that the petitioner has been languishing in jail since 22.07.2022.

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It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in four other cases.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

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However, Ld. APP for the State vehemently

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opposes the prayer of the petitioner for bail.

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Considering the aforesaid facts and circumstances,

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this application is allowed , directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. I/c Special Judge, Excise-I, Civil Court, Sasaram, in connection with Dehri (Town) P. S. Case No. 73 of 2019, on the following

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Patna High Court CR. MISC. No.25145 of 2023(2) dt.18-05-2023 3/4

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conditions:

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(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.

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(ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

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(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

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(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(v) In case, it is brought to the notice of the court

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below that statement regarding previous bail petition is

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Patna High Court CR. MISC. No.25145 of 2023(2) dt.18-05-2023 4/4

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wrong, Ld. court below shall cancel the bail bonds of the petitioner.

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(vi) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bond will be cancelled by the court below.

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Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

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(Jitendra Kumar, J)

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skm/-

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U T

Mukesh Kumar @ Bachchi v. The State of Bihar

Case brief

What is this about?

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Mukesh Kumar @ Bachchi v. The State of Bihar

Case brief

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